• Notary registor no maintail regular under rulls.

I have made affidavit from notary.notary not give me receipt of notary fees.nighter taken my sign in register .some irregularity found in maintain the register by notary.third person got copy from government by rti act. what he has a right to complain to legal authority against notary for not giving me a receipt of notary fees, not taken my sign in register, and iregularity in maintain the notary register ? haw can he pruve the complain ? by his oral affidavit or with the help of some other documents ? what punishment can give the government for this miscondcut ? what is gravity of this ?
Asked 8 years ago in Civil Law

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2 Answers

if notary has not given you receipt for fees , nor taken your signature in register you cna complain to the state government

2) section 13(1) of notaries act provides that No court shall take cognizance of any offence committed by a notary in the exercise or purported exercise of his function under this act save upon complaint in writing made by an officer authorised by the Central Government or State Government by general or special order in this behalf.

3) Notaries Rule11(2) provides Every notary shall maintain a notarial register in the prescribed Form XV.

Rule 11(4) Each notary shall, before bringing the notarial register into use, add a certificate on the title page specifying the number of pages it contains. Such certificate shall be signed and dated by the notary.

Rule 11 (5) Every notary shall permit the District Judge or such officer as the appropriate government from time to time appoints in this behalf to inspect his register at such times, not other than twice a year, as the District Judge or officer may fix. District Judge or officer appointed by the State Government will have power to lodge a report to the appropriate government for taking action against a notary.

5)you can prove your complaint by your evidence on affidavit . further perusal of notary register would reveal whether entries in register have been maintained properly by notary

6) Rule 13 notaries rules provide Inquiry into the allegations of professional or other misconduct of a notary

(1) An inquiry into the misconduct of a notary may be initiated either suo motu by the appropriate government or on a complaint received in Form XIII.

(2) Every such complaint shall contain the following particulars, namely,-

(a) the acts and omissions which, if proved, would render the person complained against unfit to be a notary;

(b) the oral or documentary evidence relied upon in support of the allegations made in the complaint.

7) Rule 13(12) provides state govt may on allegations being proved pas order cancelling the certificate of practice and perpetually debarring the notary from practice; or

(ii) suspending him from practice for a specified period; or

(iii) letting him off with a warning, according to the nature and gravity of the misconduct of the notary proved

Ajay Sethi
Advocate, Mumbai
99812 Answers
8147 Consultations

It is not mandatory for the notary to issue a receipt for the fee received.

If you have not signed the register with the notary nothing prevented you asking the notary to make an entry in his register and obtain your signature.

You had urgently obtained the affidavit at that time but now you find fault against the notary.

When you make a complaint against the notary at this stage you will be questioned that why did you not insist on this at that time or whether you were present or not while executing or affirming the affidavit in the presence of the notary.

There are many loop holes for the notary to escape the situation but remember that it would be difficult for you to prove the professional misconduct of a notary.

Section 13 in The Notaries Rules, 1956

1[13. Inquiry into the allegations of professional or other misconduct of a notary.—2[

(1) An inquiry into the misconduct of a notary may be initiated either suo motu by the appropriate Government or on a complaint received in Form XIII.]

The procedure for initiating action against the notary is very lengthy.

The appropriate Government shall consider the report of the competent authority, and if in its opinion a further inquiry is necessary, may cause such further inquiry to be made and a further report submitted by the competent authority.

(b) If after considering the report of the competent authority, the appropriate Government is of the opinion that action should be taken against the notary the appropriate Government may make an order—

(i) cancelling the certificate of practice and perpetually debarring the notary from practice; or

(ii) suspending him from practice for a specified period; or

(iii) letting him off with a warning, according to the nature and gravity of the misconduct of the notary proved.

(13) Notification of removal—The removal of the name of any notary from the Register of Notaries from practice, as the case may be, shall be notified in Official Gazette and shall also be communicated in writing to the notary concerned.]

T Kalaiselvan
Advocate, Vellore
90014 Answers
2497 Consultations

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